Patna High CourtCR. MISC./67359/2021bail granted

Sudhir Sah @ Sudhir Saw v. The State Of Bihar

2022-05-17Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67359 of 2021 Arising Out of PS. Case No.-292 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Sudhir Sah @ Sudhir Saw, S/O Brijnandan Saw, R/o village- Tetariya, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2022 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks.

The petitioner is in judicial custody in connection with Laxmipur P.S. Case No.292 of 2021 instituted under Section 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2018.

As per the allegation, the police was on a round and intercepted two motorcycles. However, upon seeing the police, the accused persons were successful in escaping from the place of occurrence. Upon search 15 liter each of 'Mahua' (countrymade liquor) was recovered/seized from both the

Patna High Court CR. MISC. No.67359 of 2021(2) dt.17-05-2022 2/3 motorcycles. In course of investigation the name of the petitioner is cropped up and is in jail since 31.10.2021. Considering the fact that the charge-sheet has been submitted and he is in jail since 31.10.2021, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Laxmipur P.S. Case No.292 of 2021 to the satisfaction of learned ADJ,IInd-cum-Special Judge, Excise, Jamui, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.67359 of 2021(2) dt.17-05-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T